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MIELITZ v. MIELITZ

No. CIV 74-1011.

387 F.Supp. 1163 (1975)

Donald MIELITZ and Marilynn Mielitz, Plaintiffs, v. Myrtle MIELITZ et al., Defendants.

United States District Court, D. South Dakota, N. D.

January 27, 1975.

Attorney(s) appearing for the Case

Chester A. Groseclose, Jr., Richardson, Groseclose, Kornmann & Wyly, Aberdeen, S. D., and Germain B. Kunz, Pflueger & Kunz, P.A., Ortonville, Minnesota, appeared in behalf of plaintiffs.

Joseph H. Barnett and Harvey C. Jewett, Siegel, Barnett, Schutz, O'Keefe & Ogborn, Aberdeen, S. D., and Clifford Benson, Benson & Schreiner, Ortonville, Minn., appeared in behalf of defendants.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This diversity action arises from a family disagreement involving a sale of land. Plaintiffs allege the existence of oral agreements for the sale of the land in dispute. Defendants deny the existence of an agreement and, in addition, raise the statute of frauds as a defense. Defendants also counterclaim.

Plaintiffs seek specific performance and damages, or, in the alternative, solely damages. Defendants' counterclaim...

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